Conditions Precedent to Effectiveness of Section. 2.01. Section 2.01 of this Agreement shall become effective on and as of the first date (the "Effective Date") on which the following conditions precedent have been satisfied:
Conditions Precedent to Effectiveness of Section. 2.01. ----------------------------------------------------- Section
2.01 of this Agreement shall become effective on and as of the first ------------ date (the "Effective Date") on which the following conditions precedent have -------------- been satisfied or waived:
(a) The Liquidity Provider shall have received on or before the Closing Date each of the following, each dated such date, and in the case of each document delivered pursuant to paragraphs (i), (ii) and (iii), in -------------- ---- ----- form and substance satisfactory to the Liquidity Provider:
(1) This Agreement duly executed on behalf of the Borrower;
(2) The Intercreditor Agreement duly executed on behalf of each of the parties thereto;
(3) Fully executed copies of each of the Operative Agreements (other than this Agreement and the Intercreditor Agreement);
(4) A copy of the Prospectus Supplement and specimen copies of the Class B Certificates;
(5) An executed copy of each opinion, document, instrument and certificate delivered pursuant to the Class B Trust Agreement, the Intercreditor Agreement, the Note Purchase Agreements and the other Operative Agreements (together with, in the case of each such opinion, other than the opinion of counsel for the Underwriters, either addressed to the Liquidity Provider or accompanied by a letter from the counsel rendering such opinion to the effect that the Liquidity Provider is entitled to rely on such opinion as of its date as if it were addressed to the Liquidity Provider);
(6) Evidence that there shall have been made and shall be in full force and effect, all filings, recordings and/or registrations, and there shall have been given or taken any notice or other similar action as may be reasonably necessary or, to the extent reasonably requested by the Liquidity Provider, reasonably advisable, in order to establish, perfect, protect and preserve the right, title and interest, remedies, powers, privileges, liens and security interests of, or for the benefit of, the Trustee and the Liquidity Provider created by the Operative Agreements;
(7) An agreement from United, pursuant to which United agrees to provide copies of its Quarterly Reports on Form 10-Q and Annual Reports on Form 10-K to the Liquidity Provider promptly after becoming publicly available; and
(8) Such other documents, instruments, opinions and approvals as the Liquidity Provider shall have reasonably requested.
(b) The following statements shall be true on and as of the Effective Date:
(i)...
Conditions Precedent to Effectiveness of Section. Section 2.01 of this Agreement shall become effective on and as of the first date (the "EFFECTIVE DATE") on which the following conditions precedent have been satisfied or waived:
(a) The Liquidity Provider shall have received on or before the Closing Date each of the following, and in the case of each document delivered pursuant to paragraphs (i), (ii) and (iii), each in form and substance satisfactory to the Liquidity Provider:
(i) This Agreement duly executed on behalf of the Borrower;
(ii) The Intercreditor Agreement duly executed on behalf of each of the parties thereto;
(iii) Fully executed copies of each of the Operative Agreements executed and delivered on or before the Closing Date (other than this Agreement and the Intercreditor Agreement);
(iv) A copy of the Prospectus Supplement and specimen copies of the Class C-2 Certificates;
(v) An executed copy of each document, instrument, certificate and opinion delivered on or before the Closing Date pursuant to the Class C-2 Trust Agreement, the Intercreditor Agreement and the other Operative Agreements (in the case of each such opinion, other than the opinion of counsel for the Underwriters, either addressed to the Liquidity Provider or accompanied by a letter from the counsel rendering such opinion to the effect that the Liquidity Provider is entitled to rely on such opinion as of its date as if it were addressed to the Liquidity Provider);
(vi) Evidence that there shall have been made and shall be in full force and effect, all filings, recordings and/or registrations, and there shall have been given or taken any notice or other similar action as may be reasonably necessary or, to the extent reasonably requested by the Liquidity Provider, reasonably advisable, in order to establish, perfect, protect and preserve the right, title and interest, remedies, powers, privileges, liens and security interests of, or for the benefit of, the Trustees, the Borrower and the Liquidity Provider created by the Operative Agreements executed and delivered on or prior to the Closing Date;
(vii) An agreement from Continental, pursuant to which (i) Continental agrees to provide copies of quarterly financial statements and audited annual financial statements to the Liquidity Provider, and such other information as the Liquidity Provider shall reasonably request with respect to the transactions contemplated by the Operative Agreements, in each case, only to the extent that Continental is obligated to provide such informati...
Conditions Precedent to Effectiveness of Section shall become effective on and as of the first date (the "Effective Date") on which the following conditions precedent have been satisfied:
Conditions Precedent to Effectiveness of Section. 2.01. ----------------------------------------------------- Section
Conditions Precedent to Effectiveness of Section. 2.01 40 SECTION 3.02. Conditions Precedent to Each Borrowing and Issuance 41 SECTION 3.03. Determinations Under Section 3.01 42
SECTION 4.01. Representations and Warranties of the Borrower 42 ARTICLE V SECTION 5.01. Affirmative Covenants 43 SECTION 5.02. Negative Covenants 45 SECTION 5.03. Financial Covenants 48 ARTICLE VI SECTION 6.01. Events of Default 48
Conditions Precedent to Effectiveness of Section. 2.01 31 SECTION 3.02. Initial Advance to Each Designated Subsidiary 32
Conditions Precedent to Effectiveness of Section. 2.01 28 SECTION 3.02. Initial Advance to Each Designated Subsidiary 29 SECTION 3.03. Conditions Precedent to Each Borrowing, Issuance and Commitment Increase. 30 SECTION 3.04. Determinations Under Section 3.01 30 ARTICLE IV 31 SECTION 4.01. Representations and Warranties of the Company 31 ARTICLE V 32 SECTION 5.01. Affirmative Covenants 32 SECTION 5.02. Negative Covenants 34 SECTION 5.03. Financial Covenants 38 ARTICLE VI 38 SECTION 6.01. Events of Default 38 SECTION 6.02. Actions in Respect of the Letters of Credit upon Default 40 ARTICLE VII 40 SECTION 7.01. Unconditional Guaranty 40 SECTION 7.02. Guaranty Absolute 41 SECTION 7.03. Waivers and Acknowledgments 41 SECTION 7.04. Subrogation 42 SECTION 7.05. Continuing Guaranty; Assignments 42 ARTICLE VIII 43 SECTION 8.01. Authorization and Authority 43 SECTION 8.02. Rights as a Lender 43 SECTION 8.03. Duties of Agent; Exculpatory Provisions 43 SECTION 8.04. Reliance by Agent 44 SECTION 8.05. Delegation of Duties 44 SECTION 8.06. Resignation of Agent 44
Conditions Precedent to Effectiveness of Section. 2.01. Section 2.01 of this Agreement shall become effective on and as of the first date (the “Effective Date”) on which the following conditions precedent have been satisfied (or waived by the appropriate party or parties): (a) The Initial Liquidity Facility Provider shall have received on or before the Initial Closing Date each of the following, and in the case of each document delivered pursuant to paragraphs (i), (ii), (iii) and (iv) below, each in form and substance satisfactory to the Initial Liquidity Facility Provider: (i) This Agreement and the Fee Letter duly executed on behalf of each of the parties thereto (other than the Initial Liquidity Facility Provider);
Conditions Precedent to Effectiveness of Section. 2.01 (a) and (b). Section 2.01 (a) and (b) of this Agreement shall become effective on and as of the first date (the "Effective Date") on which the following conditions have been satisfied to the satisfaction of the Administrative Agent:
